Employee Benefit and Employment Issues in Mergers and Acquisitions

In any merger and acquisition, there are a number of employee benefit and employment issues that have to be addressed no matter if it is an asset or stock sale. 

Attorney Howard Lapin, Attorney Michelle Barki of Medcom and I conducted a free Webinar on February 29, at 1 PM CST providing an overview of all these employee benefit and employment issues in mergers and acquisitions. 

The following issues were discussed during the webinar:

Employee Benefit Issues:

-Overall Goals of Due Diligence and Negotiations 

• Effect of Transactional Structure on Liabilities and Future Actions
• Overview of Retirement Plan Liabilities 
• Overview of Liabilities with Nonqualified Deferred Compensation Plans
• Welfare Plan and Payroll Practice Liabilities
• Action Steps to Take for Future of Employee Benefit Plans, Post-Closing

Employment Issues:

• Preliminary Considerations – Stock versus Asset Deals
• Conducting Due Diligence – Key Issues

-After the Sale – Terminating Seller’s Employees The Webinar will discuss the steps an employer must take to comply with these issues and will be 90 minutes in length. 

Employers and Medicare Free Webinar 2023 11 09

Attorney Howard Lapin and I  conducted a free Webinar on November 9, at 1 PM CST providing an overview on the impact of eligibility for Medicare on Employers and summarizes the rules by answering the following questions:

-Which employers are subject to the Medicare Secondary Payer Rules?

-What limitations can an employer impose on medical coverage when the Medicare Secondary Rules apply or when they do not?

-What reporting and disclosure rules apply to employers under Medicare?

-How does eligibility for Medicare affect COBRA?

-How does eligibility for Medicare affect making HSA contributions?

-Can employers reimburse employees for Medicare premiums?

-What other rules are affected? HIPAA? Retiree medical?

The Webinar discussed the steps an employer must take to comply with these rules.

The Webinar was one hour in length.

The Webinar included a substantial question and answer period.

What are the Effects on Employers When Coronavirus Emergency Measures are Lifted? – New Free Webinar

Attorney Howard Lapin and I conduced a free Webinar on March 30, at 1 PM CDT providing an overview of the major health-related COVID-19 federal emergency declarations that have been made, and summarizes the impact when they end in the following areas:

-Coverage, costs, and payment for COVID-19 testing, treatments, and vaccines,

-Medicaid coverage and federal match rates,

-Telehealth,

-Other Medicaid and CHIP flexibilities,

-Other Medicare payment and coverage flexibilities,

-Other private medical coverage flexibilities (COBRA, reimbursement deadlines, etc),

-Access to medical countermeasures (vaccines, tests, and treatments) through FDA emergency use authorization (EUA),

-Workplace policies and procedures.

The Webinar discussed the steps an employer must take to communicate these changes to employees and what changes have to be made to comply.

New state action on Abortion

Many new requirements will become effective in late 2022 and 2023 for health and welfare plans. Are you prepared?

To assist, Attorney Howard Lapin and I  conducted a free webinar on November 17 at 1PM CST on reviewing the changes for health and welfare plans effective in late 2022 and 2023 and how to prepare for them. 

The webinar was 60 minutes in length.

This webinar discussed the following changes:

-New state action on Abortion,

-Developments in the Section 1557 nondiscrimination rules,

-New No surprises Act Notices for 2023,

-New Air Ambulance Reporting under the No Surprises Act,

-New Individual Disclosure Requirement,

-New Price Comparison Tool,

-New Pharmacy Benefit and Dug Cost Reporting, and

-Steps to take if the COVID-19 Emergency Rules are pulled in

2023.

The webinar covered all these areas and more.

We  also be discussed suggested steps employers should take to deal with repeal and how to assist employees.

The Webinar included a substantial question and answer period.

Repeal of Roe v. Wade – What is the effect on Employers

Attorney Howard Lapin and I  conducted a free webinar on July 28 at 1PM CDT on the Court’s decision and how it will affect employers and coverage.   Because technical problems during the webinar, we rerecorded the webinar on July 30.  This posting has no technical issues.

The webinar was 60 minutes in length.

This webinar discussed potential issues for employers and their health plans should abortion services become illegal in many states, such as:

• Enhancing travel and lodging benefits for out-of-state abortion-related services,

• Adding a service for participants to obtain information about the nearest state that offers abortion services,

• Enhancing telehealth and prescription drug services for medication abortions.

• Tax considerations for added benefits,

• Mid-year election change rules under Internal Revenue Code Section 125,

• State law considerations,

• Dealing with aiding and abetting rules, and

• Privacy issues.

The webinar covered all these areas and more.

We  also be discussed suggested steps employers should take to deal with repeal and how to assist employees.

The Webinar included a substantial question and answer period.

Coronavirus Testing and Vaccine Mandates – Are you confused about what to do?

On January 19, Attorney Howard Lapin and I conducted a free webinar on Wednesday January 19 at 1 PM CST covering the following questions:

-What health plans must offer the free Coronavirus testing?

-What type of tests must be offered?

-How many tests can an employee receive per month?

-Can the plan reimburse employees for a test or does it have to be free when purchased?

-What happens if no tests are available?

On January 10, 2022, the Biden Administration released guidance on requiring both insured and self-funded group health plans to provide free Coronavirus testing to employees and dependents by January 15, 2022.

In addition, we covered the Supreme Court rulings on the vaccine mandates.

We also provided suggested steps for employers, brokers and TPAs to comply to meet these new requirements. Do not be unprepared.

The Webinar included a substantial question and answer period.

An explanation of a new webinar: Discussing the New Employer Vaccine Mandates -Will they stay or will they go? – New Free Webinar

Attorney Howard Lapin and I conducted a new free webinar reviewing what an employers and healthcare providers have to do to comply with the Employer Vaccine Mandate on November 30 at 1 PM CST.

The Webinar was 90 minutes in length.

We will be covering the following areas:

*Who must comply

*Deadlines

*Vaccination Requirements

*Testing Requirements

*Notice to Employees

*Union Issues

*Litigation

*Enforcement

*Conclusion and Steps to comply

*What we can do to help you to comply

The webinar covered all these areas and more.

Discussing the Consolidated Appropriations Act and the New Transparency in Coverage.

Both the Consolidated Appropriations Act and the “Transparency in Coverage” regulations are potential game changers, affecting how health plans set prices for services, negotiate provider contracts and pay for out-of-network emergency care, report information and provide disclosures to participants.   These substantial new requirements will be effective for plan years beginning on or after 2022. Attorney Howard Lapin, Actuary Steve Cyboran, and Attorney Larry Grudzien  conducted a new free webinar reviewing the requirements for the Consolidated Appropriation Act and the “Transparency in Coverage” regulations on July 20 at 1 PM CDT.   The Webinar was 90 minutes in length.   The following questions were discussed:   Preventing Surprise Billing:   -What new requirements will be imposed to prevent surprise billing?   General Transparency: -What new requirements must be added to insurer and TPA contracts to meet the new transparency requirements? -What new EOBs must be provided to participants before any scheduled care? -What new services must be provided to a “continuing care patient”? -What new price comparison guidance must to be provided by phone or Plan website to participants? -What new advanced explanation of benefits must be provided to participants if requested for scheduled services? -What new provider directories must be provided and how often must they be updated? -What new disclosures must be made to the plan for broker, TPA and other vendor fees?   Mental Health Parity Transparency:   -What detailed comparative analysis must be provide to governmental agencies if the plan provides both medical/surgical benefits and mental health/substance abuse benefits?   Reporting:   -What new reporting must be made to governmental agencies on drug prices?   Transparency in Coverage:   -What information must a health plan publicly report on negotiated in-network and out-of-network amounts? -What information must health plans provide to participants on cost sharing?   The webinar will cover all these questions and more.   We will also provide suggested steps for employers, brokers and TPAs to comply to meet these new reporting and disclosure requirements. Do not be unprepared in 2022!   To avoid any technical issues, we are limiting the registration to this webinar to 500. If you are unable to register to this webinar, we will add another webinar.   This Webinar has a question and answer period.

COBRA -Challenges from the Changes in the American Rescue Plan Act and More – New Free Webinar

Attorney Howard Lapin and I conductied a new free webinar reviewing the challenges in offering COBRA as a result of the changes in the American Rescue Plan Act and the extensions of the COBRA deadlines under the National Emergency on March 25 at 1 PM CDT.

The new COBRA Premium Assistance has to be offered on April 1, 2021. Will you be ready?

The Webinar is 60 minutes in length.

The following questions were covered:

-Who is eligible for the new COBRA Premium Assistance under the American Rescue Act?

-What COBRA Premium Assistance has to be provided?

-Will employers have to give former employees the opportunity to either enroll or reenroll in COBRA?

-When will the changes be effective?

-What notices have to be provided and when?

-How does the new COBRA Premium Assistance coordinate with the extension of the COBRA deadlines under the National Emergency?

This Webinar  includes a substantial question and answer period.

HR and Legal challenges for employers in the release of the Coronavirus vaccine.

Attorney Howard Lapin and I conducted a new free webinar reviewing the HR and legal challenges for employers in the release of the Coronavirus  vaccine on January 14 at 1 PM CDT.

The Webinar was 60 minutes in length.

The following HR and legal questions were covered:

-What were the timetable for the distribution of the vaccine in the coming months?
-Can an employer require employees to take the vaccine?
-What accommodations must employer make for those employees who cannot take the vaccine?
-What are the potential liability concerns under workers compensation and other laws for employers if an employee takes the vaccine and develops an adverse reaction?
-What potential labor laws and related protections do employees have who may oppose taking a vaccine?

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